Frequency Asked Questions

You received this Notice because the Court has ruled that the Lawsuit may be maintained as a class action for monetary relief and because All Star’s records show that you are a potential member of the Class described below. This Notice is intended to generally describe the nature of the Lawsuit and your legal rights and obligations.

The Court in charge of the Lawsuit is the Circuit Court of Baltimore County, Maryland, and the Lawsuit is known as Brian McPeake, et al. v. Universal Mortgage and Finance, Inc., Civil Action No. C-03-CV-21-001935

The Plaintiffs in the Lawsuit allege that between 1/1/10 and 06/30/18, All Star, Genuine Title, and Competitive Title (the “Participating Title Companies”) paid kickbacks to Universal Mortgage employees and/or agents in exchange for their agreement to refer Universal Mortgage loans to the Participating Title Companies for title and settlement services. Plaintiffs allege that Universal Mortgage received and accepted kickbacks in the form of more than $174,000 in monetary payments and other unlawful benefits. Plaintiffs seek to recover money damages for each borrower affected by Universal Mortgage’s alleged conduct pursuant to 12 U.S.C. §2607(d)(2). Universal Mortgage denies the allegations in the Lawsuit and denies that it is or may be liable for any of the claims asserted. The Court has not yet made any judgment or other determination of the liability of Universal Mortgage in the Lawsuit.

In a class action lawsuit, one or more people called Plaintiffs sue on behalf of others who may have similar claims. For a case to proceed as a class action, a court must certify a class. That is what has happened in this case. This ruling by the Court of a class action does not mean that any monetary relief will be obtained for the class members because these are contested issues that have not been decided. Rather, the ruling means that the final outcome of this lawsuit, whether favorable to Plaintiffs or Defendant(s), will apply in like manner to every member of the class who does not timely elect to be excluded from the class.

The Court has decided that everyone who fits this description is an Eagle Class Member: All individuals in the United States who were borrowers on a mortgage loan obtained from Universal Mortgage & Finance Inc. for which All Star Title, Genuine Title, Competitive Title Agency, Inc., Competitive Title of Florida, Inc., Competitive Title of New Jersey, Inc., Competitive Title of West Virginia, Inc., Competitive Settlement Agency, Inc., MBR Title Agency, LLC, and/or MBR Title Management, LLC provided a settlement service, as identified in Section 1100 on the borrower’s HUD-1 or Closing Disclosure, between January 1, 2010 and June 30, 2018.

The All Star Subclass is comprised of all individuals in the United States who were borrowers on a federally related mortgage loan (as defined under the Real Estate Settlement Procedures Act, 12 U.S.C. § 2602) brokered or originated by Universal Mortgage & Finance Inc. for which All Star Title, Inc., provided a settlement service, as identified in Section 1100 on the HUD-1 between January 1, 2010, and December 31, 2011.

The Genuine Title Subclass is comprised of all individuals in the United States who were borrowers on a federally related mortgage loan (as defined under the Real Estate Settlement Procedures Act, 12 U.S.C. § 2602) brokered or originated by Universal Mortgage & Finance Inc. for which Genuine Title, LLC, provided a settlement service, as identified in Section 1100 on the HUD-1 between January 1, 2012, and May 30, 2014.

The Competitive Title Subclass is comprised of all individuals in the United States who were borrowers on a federally related mortgage loan (as defined under the Real Estate Settlement Procedures Act, 12 U.S.C. § 2602) brokered or originated by Universal Mortgage & Finance Inc. for which Competitive Title Agency, Inc., Competitive Title of Florida, Inc., Competitive Title of New Jersey, Inc., Competitive Title of West Virginia, Inc., Competitive Settlement Agency, Inc., MBR Title Agency, LLC, and/or MBR Title Management, LLC provided a settlement service, as identified in Section 1100 on the HUD-1, or Closing Disclosure, between January 1, 2014, and June 30, 2018.

Exempted from the Class and Subclasses is any person who, during the period of January 1, 2010 and June 30, 2018, was an employee, officer, member and/or agent of Universal Mortgage and Finance, Inc., All Star Title, Inc., Genuine Title, LLC, Competitive Title Agency, Inc., Competitive Title of Florida, Inc., Competitive Title of New Jersey, Inc., Competitive Title of West Virginia, Inc., Competitive Settlement Agency, Inc., MBR Title Agency, LLC, and/or MBR Title Management, LLC.

If your name appears on this Notice, then certain loan records indicate that you are likely a member of the Eagle Class and one or both Subclasses.

The Class is represented by Class Representatives, who are Plaintiffs in the Lawsuit. The court-appointed Class and Subclasses Representatives are: Brian McPeake, Elmer and Nichole Romero, and George and Judy Younce.

The Court has also appointed Plaintiffs’ Counsel to serve as Class Counsel for the Class and Subclasses. Class Counsel for the Class and Subclasses are: Michael Paul Smith and Melissa L. English of the law firm, Smith, Gildea & Schmidt, LLC, and Timothy F. Maloney and Veronica B. Nannis of the law firm, Joseph, Greenwald & Laake, P.A.

If you desire, you may also appear by your own attorney at your own expense. You may also seek to intervene individually and may advise the Court if at any time you consider that you are not being fairly and adequately represented by Plaintiffs and Class Counsel.

If you wish to remain a member of the class, you do not have to do anything. By remaining a Class and Subclass member, any claims against Universal Mortgage for monetary relief arising from Universal Mortgage’s conduct as alleged by the Plaintiffs will be determined in this case and cannot be presented in any other lawsuit. Your participation in any recovery, which may be obtained from Universal Mortgage through trial or settlement, will depend on the results of this lawsuit. If no recovery is obtained for the Class and Subclasses, you will be bound by that result also.

You may be required as a condition of participation in any recovery through settlement or trial to present evidence respecting your membership in the Class and Subclasses, and the monetary relief to which you are entitled. You should, therefore, collect and preserve documents related to your mortgage transaction with Universal Mortgage. If you have evidence you believe would be helpful to Counsel, you may communicate with Class Counsel regarding that evidence.

You will be entitled to notice of any ruling reducing the size of the Class and Subclasses in which you are a member and also to notice of, and an opportunity to be heard respecting, any proposed settlement or dismissal of the class claims. For this reason, as well as to participate in any recovery, you are requested to notify Class Counsel of any corrections or changes in your name or address.

Any member of the Class and/or Subclasses shall have the right to opt-out or exclude themselves from the Class and Subclasses by sending a written Request for Exclusion from the Class to the Notice Administrator at the following address:

Notice Administrator
Universal Mortgage – RESPA Class Action Litigation
The Casey Group, Ltd
PO Box 201
Lightfoot, VA 23090-0201

To be excluded from the Class, the Class Member must complete an Exclusion Request, sign the Exclusion Request, and mail the Exclusion Request to the Notice Administrator no later than the Exclusion Deadline of September 5, 2023. A separate request for exclusion should be completed and timely mailed for each person or entity electing to be excluded from the Class and Subclasses. Co-borrowers on a loan must both submit a valid, timely request for exclusion to be excluded from the Class.

If you submit a timely and valid Request for Exclusion from the Class, you will not be a part of the Class (or Subclass), will not be eligible to participate in the Lawsuit, will not be bound by any result obtained from this Lawsuit whether or not obtained in favor of Plaintiffs, and will not be precluded from legally pursuing Universal Mortgage in an individual capacity.

You will not share in any recovery that might be paid to Class and Subclass members as a result of trial or settlement of this lawsuit.

You will not be bound by any decision in this lawsuit favorable to Universal Mortgage.

You may present any claims you have against Universal Mortgage related to Universal Mortgage by filing your own lawsuit, or you may seek to intervene in this lawsuit.

If you have questions concerning the Lawsuit, including any corrections or changes of name or address, you should not contact the Court, but should contact, in writing, Class Counsel at:

Class Counsel
Universal Mortgage – RESPA Class Action Litigation
600 Washington Avenue, Suite 200
Towson, MD 21204.

If you decide to remain a member of the Class and wish to communicate with Class Counsel as your attorney in this litigation, you may do so by writing or calling the following:

Michael Paul Smith, Esq. (Email: [email protected])
Melissa L. English, Esq. (Email: [email protected])
Smith, Gildea & Schmidt, LLC
600 Washington Avenue, Suite 200, Towson, MD 21204
telephone: (410) 821-0070

Timothy F. Maloney, Esq. (Email: [email protected])
Veronica B. Nannis, Esq. (Email: [email protected])
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400, Greenbelt, MD 20770
telephone: (301)220-2200